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Trademark Disclaimers

Trademark Disclaimers Part II: Why Should I Be Concerned About a Disclaimer?

What if you hyphenate the words? A mere hyphen would not dilute the descriptive nature of the words. The USPTO analysis would then be:...
Trademark Disclaimer

Trademark Disclaimers Part I: What is a Disclaimer?

Disclaimers are an inherent part of the trademark registration process. So what are “disclaimers”? According to the USPTO, a disclaimer is when the applicant...
Slur

Of Slurs and Square Roosters: The Strange World of Section 2(a) Refusals

What do an Asian-American rock band and a professional football team from Washington D.C. have in common? Both lost, or were refused, trademark registrations...
lawsuit

What To Know Before Filing A Lawsuit

You may believe that someone has infringed upon your legal rights to such an extent that it is necessary to sue them. Before you...
trademark fraud

Fraudulent Trademark Solicitations Roundtable – July 26, 2017

The United States Patent and Trademark Office announced that on July 26, 2017 the Trademark Organization and the Trademark Public Advisory Committee plan to hold...

A House Divided: Joint Trademark Ownership and (all of) You

Exactly who should own a trademark is almost a metaphysical question. A statutorily vital function of a trademark is to identify "the" source of...

USE IN COMMERCE — WHAT DOES IT MEAN?

You’re ready to file your trademark application with the USPTO, but you’re asked to provide the date that you first used your mark “in...

How To Create a Strong Trademark

Fanciful Arbitrary Suggestive Descriptive Generic   HOW TO CREATE A STRONG TRADEMARK? Not all marks are perceived in the same manner. There’s a spectrum on which trademarks are usually judged. These...
Vegas Raiders

Las Vegas Raiders: A Winning Bet or Losing Gamble?

The Oakland Raiders are usually looking to score some treasure on the football field.  But it looks like they finally hit the jackpot and...
Help make america great

Announcement: New Manufacturing Feature on Trademarkia

LegalForce Trademarkia now helps small businesses design their products and take them to market!  For just $199, we will help you get bids from our network...
Amazon online

Coming Soon: Amazon’s New Brand Registry

Good news for those of you who sell goods on Amazon.com! Amazon is launching an initiative next month to remove knock-off stuff from its...
how to register a trademarkvideo

How to get a Registered U.S. Trademark through Trademarkia.com

Watch this short animation on how the trademark process work when a trademark is filed through LegalForce Trademarkia!   The video explains the different steps...
March Madness

Marching Towards Madness (and Away From TM Liability)

It's the most wonderful time of the year! For many Americans, the month of March is synonymous with kites or St. Patrick's Day or flowers...
Happy birthday barbie

Happy 58th Birthday Barbie!

Happy 58th Birthday Barbie!   March 9, 1959 marks the date that Barbie was introduced to the world at the American Toy Fair in New...
LLC

Don’t Pierce Me Bro:  How To Preserve Your Limited Liability Protection

“Piercing seems to happen freakishly. Like lightning, it is rare, severe, and unprincipled.” -Frank H. Easterbrook & Daniel R. Fischel, Limited Liability and the Corporation,...
Who should own my trademark

Who Should Own My Trademark?

The worst mistake you can make in filing your trademark application may be to list yourself as the owner! Under Section  1201.02 (b)  of the...
Happy birthday girl scouts

Happy Birthday Girl Scouts!

Two weeks ago, we celebrated National Girl Scout Cookie Weekend with a discussion of licensing agreements and cookie trademarks. This Sunday, the Girl Scouts of...
Common Law Trademark

What are Common Law Trademark Rights?

  If I do not want to formally apply to have my brand name registered with the USPTO (United States Patent and Trademark Office), can...
Agreement

Agreements between Founders

Not all businesses are started with just one person. Oftentimes, a group of friends or colleagues will start a business together, with each person...
trademark application

6 Tips: What To Do After Filing a Trademark Application

Start using your trademark (if you haven’t already). A trademark protects you when you continually use it, and can demonstrate that you have...
USPTO

Important Update: Recent Change on Proof of Use Rule

The USPTO (“United States Patent and Trademark Office”) is implementing new rules when it comes to what is required for a renewal.  This is...
Girl Scout Cookies

100th Anniversary of Girl Scout Cookies — A Case Study in IP Licensing

It's National Girl Scout Cookie Weekend! You know what that means -- millions of little (and not-so-little) girls hit the streets and the stores...
strategy

Creating Your Own IP Strategy

As your business grows and your brand becomes more recognizable, it’s important to protect your intellectual property and come up with a strategy for...
Los Angeles Chargers

Revolt Against the Bolts!: Los Angeles Chargers Face Opposition

In January 2017 the Chargers announced they were moving back to where it all began, Los Angeles.  Even though San Diego had been the...
trade secret

Protecting IP Through Trade Secrets

A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably...
How To File A Trademark

How To File A Trademark – Step By Step

If you are reading this, you are probably have asked yourself all ready, "Do I really need a trademark lawyer to file a trademark...
incorporate

Why Incorporate?

Why should I choose to incorporate my business? 1. Protect your personal assets. By forming a corporation, you separate your personal assets from the company, and are...
business

Velvet Veil or Iron Curtain? Picking the Right Limited Liability Entity

  Most startups and small business owners have some inkling of the fact the very next step after forming an idea, is forming a business....
Design Patent

Protecting Growth with Design Patents

Design patents protect the unique ornamental designs of the functional aspects of your product. Ornamental designs may include perceivable designs such as a unique...
trademark r

10 Reasons Why Trademarks Are Important for Any Brand

Federal Trademark registration is very important and should definitely not be overlooked by any brand.   A trademark’s main purpose is to identity the origin of...
Starting Your Startup

Starting Your Startup

As both an attorney and entrepreneur, I have personally experienced the common struggles of the brave, new business owner of the 21st century. Through...
super bowl li

Super Bowl LI: Patriots v. Falcons

The Big Game for 2017 is finally here! Sunday, Feb. 5, 2017 marks the date of Super Bowl LI.  This year’s Super Bowl is...
Vegas Golden Knights

Vegas Golden Knights: Name Update

“Viva Las Hockey!”   Didn’t Elvis say that? In June 2016,  Las Vegas was awarded its first professional sports team--hockey.   The National Hockey League (NHL)...
intellectual property international

Does Your Brand Need International Protection?

As your business grows, it’s important to evaluate whether or not your brand extends beyond the country in which you are located as trademarks...
Indian law

Top 3 IP Cases to Watch in India – 2017

Today we turn our attention to the Indian subcontinent to round out our series on top IP cases. Toyota v. Prius Auto: Delhi High Court reverses...
english law

Top 3 IP Cases in Europe – 2016

Today we turn our attention not to a particular country, but to an economic region -- the European Union. While we are looking ahead and...
American Law

Top 3 IP Cases to Watch in the US – 2017

A new year means a new Supreme Court session. Here are three top US intellectual property cases to watch out for this year. Lee...
IP legislation

IP Legislation Wish List for 2017

Disclaimer: The opinions expressed in this article represent that of the author and the contributors who have been quoted, and are not the official...
Trademark Trump

Bully in the Bully Pulpit: Trump’s Trademark Oppositions

“Donald Trump is a bully.” Boy, if I had a dollar every time I heard that... I’d have some TRUMP MONEY. (Bad pun intended.)...
Disney Trademark Oppositions

Big Mouse in the House: Disney Trademark Oppositions

Hiya, pal! Good to see ya! Walt Disney has undeniably created some of the most iconic fictional characters of today.  (Dare I say ever?)...

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